The Long Decade: How 9/11 Changed the Law

The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

Table of Contents:
Contributors and EditorsAcknowledgmentsIntroductionChapter 1The Long DecadeDavid JenkinsPart I: Fear and the Security AgendaChapter 2Security and Liberty: Critiques of the Tradeoff ThesisAdrian VermeuleChapter 3Security vs. Liberty: On Emotions and CognitionOren GrossChapter 4Preventing What? Post-9/11 Mission Amnesia and Mission CreepKent RoachPart II: Terrorism in a Borderless WorldChapter 5The War on Terrorism and International Law: Towards a Continental DivideAmnon LevChapter 6A European Security Constitution?Kaarlo TuoriChapter 7Counter-Terrorism's Engagement with Transnational LegalityVictor V. RamrajPart III: Constitutions under StressChapter 8Legal and Political Constitutionalism, and the Response to TerrorismMark TushnetChapter 9Guantanamo Bay, the Rise of the Courts and the Revenge of PoliticsFiona de LondrasChapter 10Citizenship and the Limits of Due Process since 9/11David JenkinsPart IV: Risk PreventionChapter 11'Protect' Against Terrorism: In Service of the State, the Corporation, or the Citizen?Clive WalkerChapter 12The Influence of 9/11 on Swedish Anti-Terrorism Policy and MeasuresIain CameronPart V: Democratic Accountability, Human Rights, and the Rule of LawChapter 13Terrorist Threats and Judicial DeferenceJens Elo RytterChapter 14Open Secrets in U.S. Counter-Terrorism PolicyAmy JacobsenChapter 15Views from Mars, Views from Venus: Minding the Gap between What We Say and What We Do on TerrorismGabor RonaEpilogueHuman Rights and Counter-Terrorism: Lessons from a Long DecadeMartin ScheininBibliographyIndex

About the Author :
David Jenkins is an Associate Professor of Comparative Constitutional Law at the University of Copenhagen School of Law. His area of specialization is comparative constitutional law, with a focus on security issues. He is an attorney-at-law in the United States, earning his J.D. from Washington and Lee University School of Law and his research doctorate through the McGill University Institute of Comparative Law. Amanda Jacobsen is a Research Fellow at the University of Copenhagen. Her areas of specialization are international human rights law and U.S. Constitutional law, and her specific research interests are information access and national security laws. She is licensed to practice law in the United States and earned her J.D. from Duke University. As a practicing attorney, she is habeas counsel for a former-CIA and current Guantanamo prisoner. Anders Henriksen is an Associate Professor of International Law and Director of the Centre for International Law and Justice at the University of Copenhagen School of Law. Professor Henriksen specializes in international law, while focusing on the regulation of interstate use of force and the laws of war. He has previously worked for the Danish Institute for Military Studies.